Jury convicts former correction officer in incident that led to fight; self-defense claim rejected

Updated 9:01 am, Thursday, September 27, 2012

BALLSTON SPA — The next time aliens try to abduct Frank Soriano, they'll probably need to break into prison.

The 65-year-old Soriano — a former state correction officer who claims he once encountered possible extraterrestrials — was convicted of felony assault Wednesday for a road rage-linked stabbing in Saratoga County last year.

The Wilton resident co-authored "UFOs Above the Law: True Encounters with Law Enforcement," released in 2010. A write-up about the book on Amazon.com described it as a "collection of UFO reports from law enforcement officers and other government officials that prove that UFOs are not only real, but that they are here en masse."

His conviction for second-degree assault means he faces a determinate 2 to 7 years in prison. He will be sentenced Nov. 29 by Saratoga County Judge Jerry Scarano, who presided over the trial.

The jury of six men and women began deliberating Soriano's fate at 2:15 p.m. Tuesday. The verdict was reached early Wednesday afternoon.

Jurors also convicted Soriano of misdemeanor weapon possession for carrying the small dagger he used to stab Jeffrey Streicher, now 43, of Gloversville. The jury acquitted Soriano of a first-degree assault charge that would have carried up to 25 years in prison, as well as an attempted first-degree assault charge.

By law, the first-degree assault charge requires a defendant to have caused a "serious physical injury." Second-degree assault only requires the victim to suffer a physical injury. Streicher suffered wounds to his arm, back and stomach.

"Like the verdict, my reaction is mixed," Soriano's attorney, Michael Koenig, said via email. "I am grateful and relieved that the jury acquitted Mr. Soriano of the charges that could have sent him to prison for the rest of his life, but I am disappointed and disheartened that there were any convictions."

Koenig had argued his client was defending himself when he slashed the bigger, younger and stronger man.

Saratoga County District Attorney James Murphy said his office was pleased with the verdict.

"The conduct is accounted for and he's held responsible for it by the jury," Murphy said, noting the victim informed prosecutors he was very pleased with the verdict.

Last Nov. 10, on a Saturday afternoon, Streicher dropped his wife off at a CVS pharmacy in Wilton. He was driving on Northern Pines Road on his way to feed his mother's cats and to attend a family birthday party. But Soriano, who was headed to CVS to develop photos, was behind him — and they passed each other at times. Soriano's vehicle bumped into Streicher's car near the front of McGregor Links Country Club, prosecutors said.

After the trial, Assistant District Attorney Ann Sullivan recounted the incident. She said eyewitnesses said Soriano jumped out of his car and started punching a surprised Streicher, who she said initially said, "Stop — get off me!"

Sullivan said Streicher then responded by repeatedly hitting Soriano in the face to protect himself. At one point, she said, witnesses heard Soriano tell Streicher, "Hit me harder! Is that all you got?"

Sullivan said the two men separated. But Soriano then grabbed Streicher from behind, pushed him against his car, which broke off the driver's side mirror — and then stabbed him three times.

Streicher, injured and bleeding, drove his car back to the CVS, where emergency workers picked him up and airlifted him to Albany Medical Center Hospital. He was released the next day.

"Fortunately for Jeff Streicher it wasn't worse," Sullivan said. "It could have been a lot worse."

Sullivan had hoped to enter evidence into trial of an earlier alleged road rage incident involving Soriano in November 2008 near Exit 18 of the Northway. But the judge did not allow it into evidence.

In that incident, Sullivan said said Soriano had cut around a driver, stopped his car in the middle of a ramp, jumped out of his car, placed his hand at his hip, pounded on the driver's car and identified himself as a police officer.

Sullivan said the other driver, who lived in Westchester County, called 911 but declined to press charges. She said State Police allowed the driver to get a head start back downstate.

Koenig argued there was no proof of any wrongdoing. He also said prosecutors should stop trying to add facts to "further ruin Mr. Soriano's reputation."